Advocates for Key Populations condemn ongoing abuses against sex workers
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As the world commemorates International Sex Workers’ Day, human rights advocates have raised concerns over the deep-rooted challenges faced by this key population.
These challenges include limited access to justice, a lack of respect for their human rights, and violations of their privacy, despite constitutional guarantees of equality and protection under the law.
Mateyu Sisya, board member of the Female Sex Workers Association of Malawi, says while the Constitution promises access to justice for all, sex workers are often denied this right due to stigma, discrimination, and outdated laws that continue to marginalize them.
“Sex workers are often turned away or treated unfairly at police stations and victim support units simply because of who they are. Even when they report abuse or non-payment, their cases are rarely pursued,” claims Sisya.
He added that many sex workers suffer physical assault, sexual abuse, and economic exploitation but are reluctant to report such violations for fear of being ridiculed or ignored.
One notable exception, Sisya recalled, was the 2018 Kaseka and Others vs The Republic case in Mwanza, where the court dismissed charges against sex workers after police failed to arrest the men involved.
The court deemed the charges discriminatory and highlighted the need for more equitable application of justice.
“That case was a milestone,” he said. “But it’s one of very few examples where the justice system stood up for sex workers.”
While Malawi’s HIV and AIDS policy documents recognize sex workers as a key population requiring protection, Sisya said the legal framework remains inadequate.
Current laws do not directly criminalize sex work, but vague and outdated provisions—such as operating a brothel or being sweeping exercise —are often used to harass and detain sex workers.
“These laws are not only archaic but are applied selectively. Most times, police ignore the actual law and use loosely defined offenses just to arrest sex workers,” he noted.
Commenting on the matter, Human Rights Defenders Coalition –HRDC Vice Chairperson Michael Kaiyatsa, in a separate interview, echoed Sisya’s concerns, emphasizing the need to review laws and policies that govern the welfare of sex workers.
He called for more inclusive frameworks to ensure a safer and more equitable environment for all.
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